B-124291, JUL. 27, 1955

B-124291, JUL. 27, 1955

TO MR. MAURICE W. FELL, DISBURSING OFFICER, CORPS OF ENGINEERS, U.S. ARMY:

BY FIRST INDORSEMENT DATED JUNE 3, 1955, THE OFFICE OF THE CHIEF OF ENGINEERS, WASHINGTON, .C., FORWARDED HERE YOUR LETTER OF MAY 26, 1955, FILE REFERENCE MRHCF-V, REQUESTING A DECISION UPON THE PROPRIETY OF PAYING AN ENCLOSED VOUCHER IN FAVOR OF MR. WAYNE F. TANNAHILL, AN EMPLOYEE OF THE OFFICE OF THE DIVISION ENGINEER, MISSOURI RIVER DIVISION, OMAHA, NEBRASKA. THE VOUCHER, IN THE AMOUNT OF $36, IS FOR ADDITIONAL PER DIEM ALLOWANCE NOT PREVIOUSLY CLAIMED INCIDENT TO TRAVEL PERFORMED IN 1950.

IN ACCORDANCE WITH TRAVEL ORDER DATED AUGUST 30, 1950, MR. TANNAHILL WAS AUTHORIZED TO TRAVEL FROM OMAHA, NEBRASKA, HIS PERMANENT DUTY STATION, TO CHICAGO, ILLINOIS, FOR TEMPORARY DUTY OF APPROXIMATELY 60 DAYS. THE ORDER PROVIDED FOR A $9 PER DIEM ALLOWANCE. THE ACTUAL PERIOD OF THE TEMPORARY DUTY WAS FROM SEPTEMBER 4 TO OCTOBER 6, 1950. INCIDENT TO THAT ASSIGNMENT MR. TANNAHILL WAS PAID TRAVELING EXPENSES IN THE AMOUNT OF $241.60, AS CLAIMED, ON D.O. VOUCHER NO. 3028, OCTOBER 1950 ACCOUNTS OF LIEUTENANT COLONEL E. A. HANSEN. THE AMOUNT PAID DID NOT INCLUDE PER DIEM FOR THE TWO WEEKENDS OF SEPTEMBER 16, 17 AND SEPTEMBER 23, 24, 1950, WHEN MR. TANNAHILL VOLUNTARILY RETURNED TO HIS HOME WHICH ALSO WAS HIS PERMANENT STATION. THE WEEKEND TRAVEL WAS AT HIS OWN EXPENSE. THE ORIGINAL VOUCHER SUBMITTED BY MR. TANNAHILL SPECIFICALLY STATED THAT PER DIEM WAS NOT CLAIMED FOR THE FOUR DAYS AS HE WAS NOT AT HIS TEMPORARY STATION. MR. TANNAHILL NOW CLAIMS THE PER DIEM ALLOWANCE FOR THE TWO WEEKENDS. ALLEGES THAT THE ORIGINAL VOUCHER WAS PREPARED AND SUBMITTED IN ACCORDANCE WITH ADVICE OF RESPONSIBLE PERSONNEL WHO INFORMED HIM THAT HE WAS NOT ENTITLED TO A SUBSISTENCE ALLOWANCE FOR THE TWO WEEKENDS, BUT THAT HE RECENTLY HAS LEARNED THAT THE REGULATIONS IN EFFECT AT THE TIME PROVIDED FOR THE PAYMENT NOW CLAIMED.

BY BUREAU OF THE BUDGET TRANSMITTAL MEMORANDUM DATED MAY 15, 1960, TO HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS, NOTICE WAS GIVEN OF THE AMENDMENT OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, EFFECTIVE APRIL 26, 1950, BY THE ADDITION OF SUBPARAGRAPH 45B. THE SUBPARAGRAPH PROVIDES:

"AT THE DISCRETION OF THE ADMINISTRATIVE OFFICIALS, AN EMPLOYEE MAY BE REQUIRED TO RETURN TO HIS OFFICIAL STATION FOR NONWORK DAYS. IN CASES OF VOLUNTARY RETURN OF EMPLOYEES TO OFFICIAL STATION FOR NONWORK DAYS THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR TRAVEL COST TO AND FROM HEADQUARTERS AND TEMPORARY DUTY STATION AND PER DIEM EN ROUTE SHALL BE TRAVEL EXPENSE WHICH WOULD HAVE BEEN ALLOWABLE HAD EMPLOYEE REMAINED AT TEMPORARY DUTY STATION.'

THE PRESENT CLAIM OF THE EMPLOYEE IS NO DOUBT BASED UPON THE ABOVE QUOTED AMENDMENT OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. YOUR LETTER STATES THAT WHILE THE EQUIVALENT OF PER DIEM COULD HAVE BEEN ALLOWED AS REIMBURSEMENT OF TRAVEL COST UNDER PARAGRAPH 45B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS HAD CLAIM THEREFOR BEEN INCLUDED IN THE ORIGINAL ACCOUNT, DOUBT EXISTS AS TO THE PROPRIETY OF PAYING THE PRESENT CLAIM IN VIEW OF THE APPARENT DISCLAIMER OF ENTITLEMENT IN THE ORIGINAL ACCOUNT AND THE CERTIFICATION OF THE ACCOUNT AS CORRECT AND JUST.

IN VIEW OF THE EMPLOYEE'S EXPLANATION OF HIS FAILURE TO PREVIOUSLY CLAIM THE ALLOWANCE NOW SOUGHT, THE PRESENT VOUCHER MAY BE PAID TO THE EXTENT AUTHORIZED UNDER PARAGRAPH 45B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.